Lawyers jockey to move Wayne Treacy case forward

Boy, 16, accused of beating Josie Lou Ratley

FORT LAUDERDALE — In an effort to move the case forward, the prosecutor of Wayne Treacy, who is accused of a near-fatal stomping attack on a middle school student, agreed Thursday to cap the 16-year-old's potential sentence at 50 years.

However, the case may end in a plea bargain before it ever gets to trial.

"But I would assume it would be in the neighborhood of 20 years, give or take."

Williams said he based that calculation on the 25-year prison sentence imposed upon 16-year-old Teah Wimberly for fatally gunning down a fellow Dillard High student in November 2008. A Broward jury convicted Wimberly of second-degree murder for killing Amanda Collette, 15.

Broward Circuit Judge John Murphy could have sent Wimberly to adult prison for life, but opted instead to impose the sentence recommended by Schneider, the same prosecutor.

Thursday was Treacy's first court hearing since August, and little has been done on the case since then.

"Zero depositions have been scheduled since the last time we were in court," Schneider said. "We're exactly where we were in August."

Treacy is charged as an adult in the March 17 beating of Deerfield Middle student Josie Lou Ratley, who is said to have provoked his anger with a callous text message exchange about the suicide of Treacy's older brother.

Ratley, now 16, was left brain-damaged. She is undergoing rehabilitation at home.

Treacy is charged as an adult with attempted murder, which carries a maximum sentence of life in prison.

But in May, the U.S. Supreme Court ruled that anyone under 18 who commits a non-homicidal offense cannot be sent to prison for life without the possibility of parole. If no one was killed, it is cruel and unusual punishment to give young criminals a life term with no chance of parole, the nation's highest court ruled in a 6-3 decision.

Florida eliminated parole for non-homicide offenses in 1983.

On Thursday Williams, Treacy's lawyer, said because of the Supreme Court ruling, he has not been able to advise his client as to what maximum sentence he faces.

Schneider said: "I'd be happy to agree to a cap if that's the hold up in this case and reason we've had no depositions."

She agreed to 50 years.

Broward Circuit Judge David Haimes set Treacy's next court hearing for March 31 and urged the attorneys to prepare the case for trial.